Denis Naughten (Roscommon-South Leitrim, Independent)
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132. To ask the Minister for Foreign Affairs and Trade the progress on the establishment of a visa waiver scheme with the United States of America for undocumented Irish; and if he will make a statement on the matter. [37730/15]

Charles Flanagan (Laois-Offaly, Fine Gael)
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Achieving relief for undocumented Irish migrants in the US remains a priority for the Government in its contacts with the United States. Through our Embassy in Washington and our Consulates throughout the U.S., in conjunction with regular high level political visits, the Irish Government continues to work closely on promoting the immigration reform agenda with high level Government contacts and with many other individuals and groups across Irish America and beyond.

We have reiterated throughout all these contacts the Government’s interest in all aspects of immigration reform and in particular our interest in seeing an overall agreement reached which provides relief for currently undocumented Irish migrants and a facility for future flows of legal migration between Ireland and the US.

In Washington at the end of September, I met with key Democratic and Republican contacts on Capitol Hill, including Congressmen Joseph Kennedy III, Paul Ryan, James Sensenbrenner, Richard Neal and other members of the Congressional Friends of Ireland group, and also with Senator Patrick Leahy. I stressed the importance we attach to immigration reform in all of my meetings, as I did when meeting leaders of the Irish American community later that week in New York.

The Government are aware of and have raised the matter of waivers for 3 and 10 year travel bans in relation to US visa applications for Irish undocumented who have overstayed their visa in the United States.

At my request, the Secretary General of the Department of Foreign Affairs and Trade wrote to the US Ambassador earlier this year to ask him to explore further the question of such waivers. I have also had the opportunity to directly discuss the matter with the US Ambassador. The Taoiseach also raised waivers, amongst other immigration reform issues, during his visit to Washington for St Patrick’s Day.

I must respect the confidentiality of diplomatic communications on behalf of foreign governments, but I can offer some information on the basis of these representations and responses.

The US Embassy have indicated that the US waiver system is applied in strict accordance with US laws and regulations and is operated uniformly worldwide, including in Ireland. Such a waiver can be applied for in the case of a 3 or 10 year ban having been imposed for overstaying a visa in the US.

However, the US Embassy has also underlined that applications are assessed individually on a case-by-case basis, with final decisions on each a matter for the US authorities in Washington, and that accordingly an applicant would not be able to predict with any degree of certainty as to whether they would be successful or not.

The Government has been assiduous in seeking to advance all viable opportunities to achieve relief for our undocumented citizens in the United States. While I am disappointed that representations to the US on this matter have not resulted in a more encouraging outcome ultimately it is a matter for the US Government and US Embassy to interpret and implement their immigration laws.

The Government as a whole, including the Department of Foreign Affairs and Trade in Dublin and our Embassy in Washington, will continue to actively follow up on all opportunities to improve the situation of the Irish undocumented, and to ensure channels for legal migration between Ireland and America, with the US Administration, with Congress, and with the US Embassy in Ireland.